General Terms and Conditions

Version November 1th, 2015

Please read carefully. You must agree to the Terms and Conditions in order to proceed. By signing up and/or using the Service, any other services or the System, you agree to abide by the Terms and Conditions at all times. the Terms and Conditions are effective as of the date indicated above and may change at any time. All Subscribers must agree to the Terms and Conditions as well as of the components of an Agreement, such as policies and rules posted by 5EuroUsenet on the Website, including, but not limited to our Privacy Policy and Copyright Complaint Policy.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THIS AGREEMENT AND THE POLICIES REFERENCED HEREIN.

You understand that 5EuroUsenet provides you with unfiltered access to Usenet. We cannot control the content that you will receive via Usenet. Usenet groups may carry offensive, harmful, or inaccurate material, and in some cases postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution --and common sense-- when using Usenet. Furthermore, you shall comply with all applicable laws in connection with your access to 5EuroUsenet's services, including laws regarding copyright and other intellectual property rights.

Contents:

Article 1. Definitions

Article 2. Applicability

Article 3. General

Article 4. Offers, Prices, and Payment

Article 5. Agreement and Access to the Service

Article 6. Provision of Services

Article 7. Guarantees

Article 8. Completion rates and Retentions

Article 9. Control of Content

Article 10. (Un)acceptable Use

Article 11. Copyright Protected Materials

Article 12. Suspension and Termination of Access

Article 13. Security

Article 14. Disclaimer of Warranty

Article 15. Limitation of Liability

Article 16. Indemnity

Article 17. Termination and cancellation of the Agreement

Article 18. Force Majeure

Article 19. Assignability of Rights and Obligations

Article 20. Applicable law and Competent Court

Article 1. Definitions

1. 5EuroUsenet: tradename of OnlineTransaction, a private limited liability company incorporated under the laws of Curacao, West Indies, registered with the Curacao Chamber of Commerce under registration number 134246, having it’s business address at e-Commerce Park Vredenberg, Curacao.

2. Subscriber: a natural person or legal person that enters into an Agreement with 5EuroUsenet.

3. General Terms and Conditions: This document with terms and conditions.

4. Agreement: an agreement between 5EuroUsenet and Subscriber regarding the Service to be rendered by 5EuroUsenet to Subscriber. The Agreement includes the General Terms and Conditions, and all other rules and policies published on the Website, such as privacy policy and cookie policy, pursuant to which 5EuroUsenet shall provide the Service to Subscriber.

5. Service: 5EuroUsenet provides access to the Usenet network under the conditions set out in the Agreement.

Article 2. Applicability

1. The General Terms and Conditions replace any previous version of the General Terms and Conditions.

2. The General Terms and Conditions shall apply to all offers and Agreements whereby 5EuroUsenet provides Subscriber with the Service or any other services whatsoever and however described, unless expressly agreed otherwise in writing.

3. Additions to or deviations from the General Terms and Conditions shall only apply if agreed in writing between the parties. In the event 5EuroUsenet chooses to differ from any of the provisions of the General Terms and Conditions in favor of Subscriber, Subscriber cannot derive any rights therefrom in future or other occasions, except when 5EuroUsenet has expressly accepted them in writing.

4. The applicability of any of Subscriber’s purchasing or other conditions is expressly rejected.

5. 5EuroUsenet may unilaterally amend the General Terms and Conditions, the Privacy Policy, Cookie Policy or any other rules and policies published on the Website. 5EuroUsenet shall notify Subscriber of such amendments as far as possible. Amendments shall enter into force on the date specified in the notice or if no date is specified, thirty days after the notice. If the amendments effect Subscriber’s position reasonably, Subscriber is entitled to terminate the Agreement within thirty days after such notice. In the absence of a termination notice from Subscriber, the amendments to the General Terms and Conditions enter into force on the date specified in 5EuroUsenet’s notice or within thirty days after the notice.

6. If any (part of a) provision of the General Terms and Conditions is null and void or is voided, the other (parts of the) provisions of the General Terms and Conditions will remain fully in effect. In this case 5EuroUsenet and Subscriber shall agree on new (parts of) provisions to replace the void or voided ones. Parties shall take into account the purpose and meaning of the void or voided provision as far as possible.

7. 5EuroUsenet's failure to insist upon or enforce any provision of the Agreement shall not be construed as a waiver of any provision or right.

Article 3. General

1. By creating an account and/or using the Service or any other service of 5EuroUsenet, Subscriber confirms (a) that Subscriber has reached the age of eighteen, or (b) that Subscriber has reached the age of twelve and that Subscriber has received consent from Subscriber’s consent of the statutory representative to enter into the Agreement.

2. By creating an account and/or using the Service or any other service of 5EuroUsenet, Subscriber confirms (a) that any information submitted by or on behalf of Subscriber is correct, accurate and true, (b) that Subscriber shall keep submitted (account) information up to date.

Article 4. Offers, Prices, and Payment

1. Offers of 5EuroUsenet are valid for the periods and under the conditions specified on the Website. They can be revoked by 5EuroUsenet.

2. No rights can be derived from prices specified on the Website in case of apparent programming errors or typing errors.

3. All prices specified are including (separately specified) turnover tax and other levies imposed by government authorities, that have been or shall later be imposed, except when specified otherwise. All prices specified are quoted for one user on one device.

4. 5EuroUsenet may at any time, with prior notice, change the prices, including during pending subscriptions. Subscriber is entitled to terminate the Agreement within thirty days after such notice.

5. Subscriber can (only) chose the payment options specified on the Website. Subscriber agrees that Subscriber’s credit/debit card will be automatically charged, through direct debit or PayPal, if Subscriber has selected an automatic renewal subscription.

Article 5. Agreement and Access to the Service

1. The Agreement shall only come into effect at the moment at which the Subscriber has fully completed the registration and payment process on the Website, and has met all subscription requirements set out by 5EuroUsenet, and 5EuroUsenet has accepted the (request for a) subscription.

2. 5EuroUsenet may at its own discretion refuse a (request for a) subscription, and therefore to enter into an Agreement, without providing any reason and without any liability deriving therefrom. In case of such a refusal, 5EuroUsenet refunds payments made as soon as possible, but within thirty days, unless the payment provider(s) require more time.

3. If the Subscriber is a natural person who is not acting in a professional or business capacity, he shall have the right to terminate the Agreement with 5EuroUsenet within seven work days after conclusion of the Agreement, without the obligation to provide reasons, and request a refund. This right shall however not apply if the Subscriber has already used the Service. 5EuroUsenet refunds payments made as soon as possible, but within thirty days, unless the payment provider(s) require more time.

4. The Service can be used via an account for Subscriber that shall be activated after completion of the registration and payment process, and receipt of payment by 5EuroUsenet. The Service can be used on the conditions and instructions as set out in the General Terms and Conditions, the instructions on the Website, and the rules and policies published on the Website.

5. 5EuroUsenet may use third party services, under which third party servers, in the performance of its obligations arising from the Agreement.

Article 6. Provision of Services

1. 5EuroUsenet shall make reasonable effort to ensure that the Service is provided with due care and in accordance with the arrangements and procedures of the Agreement with Subscriber where applicable.

2. 5EuroUsenet may make adjustments to the content or scope of the Service. If such adjustments result in a change in the procedures that apply to Subscriber, 5EuroUsenet shall notify Subscriber as soon as possible. These adjustments shall not constitute any ground for termination of the Agreement.

3. 5EuroUsenet shall not be obliged to maintain, change or add certain features or functionalities of the Service, any software, or any component of the System, specifically for Subscriber.

4. 5EuroUsenet may temporarily suspend the Service in full or in part for the purpose of carrying out preventive, corrective or adaptive maintenance. 5EuroUsenet shall not suspend the Service for longer than necessary and shall arrange for this to take place outside of office hours where possible and, according to the circumstances, shall notify Subscriber in advance. No rights can be derived and no liability can arise from such suspensions.

5. All hardware, software and components of the System used by 5EuroUsenet in providing the Service shall remain the property or the intellectual property of 5EuroUsenet or its own suppliers.

Article 7. Guarantees

1. 5EuroUsenet shall not guarantee that the Service, any software, hardware or any component of the System, is free of defects and will operate without interruptions. 5EuroUsenet shall make reasonable effort to fix any defects effecting Subscriber’s use of the Service within a reasonable period of time if and in so far as 5EuroUsenet has received detailed notification in writing of the defects in question. As and when necessary, 5EuroUsenet may postpone the fixing of defects until such time as a new version of the software is brought into use.

2. 5EuroUsenet shall not be responsible for checking the accuracy and completeness of the results of the Service. Subscriber shall regularly check the results of the Service.

3. 5EuroUsenet shall make reasonable effort to adapt the Service, any software, hardware or any component of the System to relevant legislation and regulations in a timely manner.

Article 8. Completion rates and Retentions

1. 5EuroUsenet shall not guarantee completion rates or retentions. Retention and completion rates specified by 5EuroUsenet shall be estimates. If the posting volume of Usenet increases or decreases, the retention rates or completion rates can be increased or decreased. Retention and completion rates may also be effected by many other (external) circumstances.

2. No rights can be derived from and no liability can arise from published completion rates or retentions.

Article 9. Control of Content

1. 5EuroUsenet does not monitor or control content. However, 5EuroUsenet reserves the right to temporarily or permanently remove particular Usenet groups or content at any time, for any reason at its sole discretion.

2. 5EuroUsenet is not liable for the loss, corruption, alteration or removal of any content posted using the Service or on the System. By using the Service, Subscriber expressly waives the right to seek damages and agrees to hold 5EuroUsenet harmless for any such loss, alteration, corruption or removal.

3. 5EuroUsenet may also impose limitations on the volume of the use of the Service or any other services that you may utilize, measured by bandwidth consumed in uploading or downloading content or measured otherwise.

4. 5EuroUsenet may also at any time modify or discontinue, temporarily or permanently, all or any part of the Service, with or without notice, without any liability of 5EuroUsenet arising therefrom to Subscriber or any third party for any such modification, suspension or discontinuance.

Article 10. (Un)acceptable Use

1. Subscriber shall not use the Service, any other services, or the System to post or transmit any illegal material, including, but without limitation, any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national or international law or regulation. In particular, without limitation, the following acts are prohibited:

a. The posting of chain letters or pyramid schemes;

b. Acts which involve deceptive online marketing practices or fraud;

c. Acts which may materially affect the quality of other users' experience;

d. Unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;

f. Engaging in any monitoring or interception of data not intended for Subscriber without authorization;

g. Attempting to circumvent authentication or security of the System, any host, network, or account ("cracking") without authorization;

h. Using any program, script, or command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;

i. "Phishing," that is, simulating communications from a website or service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;

j. "Pharming," that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;

k. Transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or a breach of confidence, privacy or similar third party rights;

Cross-posting: Posting to more than one group at the same time. Some binary groups encourage this, but only if the content is appropriate to each newsgroup.

Article 11. Copyright Protected Materials

1. 5EuroUsenet respects the intellectual property rights of others and requires Subscriber to do the same. Due to the vast volume of data exchanged between Usenet networks it is impossible for 5EuroUsenet to monitor or moderate the content available on Usenet. It’s Subscriber’s sole responsibility not to infringe with other party’s copyrights or other intellectual property rights.

2. Subscriber shall not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Service and/or the System that is protected by copyright or other (intellectual) proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder.

3. Subscriber shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.

4. 5EuroUsenet may terminate the Agreement with (and therefore the accounts of) Subscriber in the case of (repeated) infringement of copyrights.

Article 12. Suspension and Termination of Access

1. 5EuroUsenet may suspend Subscriber’s access to all or part of the Service and/or the System, or terminate the Agreement with immediate effect, without notice, if Subscriber engages in any conduct or activities that, to 5EuroUsenet’s sole discretion, violates any of the General Terms and Conditions or any other component of the Agreement.

2. In case of suspension of access as described in paragraph 1, Subscriber shall have no right:

a. to access through the Service and/or the System any materials stored on the System, the Internet or Usenet;

b. to obtain any credit(s) otherwise due to you, and (in case of termination) such credit(s) will be forfeited; or

c. to access third party services, merchandise or information on the System, the Internet or Usenet through the Service and/or the System, and 5EuroUsenet shall have no obligation to notify any third-party providers of services, merchandise or information, nor will 5EuroUsenet be responsible for any consequences resulting from lack of notification or restriction of your access.

3. In case of suspension 5EuroUsenet may provide access again to Subscriber under certain conditions or terminate the Agreement, to the sole discretion of 5EuroUsenet. In case of termination of the Agreement all access and all services shall be discontinued immediately and permanently.

Article 13. Security

1. Subscriber confirms that Subscriber is solely responsible for protecting Subscriber’s password and other personal information and for the consequences of not protecting these data. Access to the System, the Service, the Internet or Usenet, and to certain online transactions involves the use of identification numbers, passwords, credit or debit accounts or other individualized nonpublic information ("Private Documentation").

2. Subscriber shall prevent unauthorized use of the Service, the System or of any Private Documentation, and shall promptly report to 5EuroUsenet any suspected unauthorized use or other breach of security.

3. Subscriber shall be responsible and liable for any unauthorized use of Subscriber´s identification numbers or passwords or other Private Documentation. 5EuroUsenet shall not be liable for any unauthorized use of charge, debit, other credit accounts or other Private Documentation.

Article 14. Disclaimer of Warranty

1. Subscriber understands and agrees that 5EuroUsenet shall attempt to provide quality Service but that neither the availability of the Service nor the transfer speed of data available through the Service and/or the System is guaranteed.

2. Subscriber’s use of the Website, the Service and the System is at Subscriber’s sole risk. 5EuroUsenet makes no warranty that the Website, the Service or the System shall meet Subscriber’s requirements. All information through the Website, the Service or the System is provided on an "as is" and "as available" basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, noninfringement or nonmisappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. 5EuroUsenet does not warrant that the Website, the Service or the System shall be available or operate in an uninterrupted, error-free or completely secure manner or that errors or defects shall be corrected.

Article 15. Limitation of Liability

1. The total liability of 5EuroUsenet due to an attributable failure to perform this agreement or due to any other reason, explicitly including any failure to comply with a guarantee obligation agreed with Subscriber, shall be limited to compensation of the direct damage or loss not exceeding the sum stipulated for the Agreement (excl. VAT/OB).

2. The liability of 5EuroUsenet for loss as a result of death, physical injury or due to material damage to items shall under no circumstances exceed the sum stipulated for the Agreement.

3. The liability of 5EuroUsenet for indirect damage or loss, resulting loss, loss of profit, loss of savings, reduced goodwill, loss due to business interruption, loss as a result of claims from Subscriber’s customers, and any, incidental, punitive, special, exemplary or consequential damage arising out of the use, inability to use, or the results of use of the Service, the System or any other services; any websites or services linked to the Website, the Service or the System, the materials, (harmful) data, information contained at any or all such sites or services; content anywhere on the internet, whether based on warranty, contract, tort, or any other legal theory, shall be excluded. The liability of 5EuroUsenet due to the scrambling, destruction or loss of data or documents shall also be excluded.

4. The exclusions and restrictions referred to in paragraphs 1 to 3 shall no longer apply if and in so far as the loss is the result of intentional acts or deliberate recklessness on the part of 5EuroUsenet’s management.

5. Except where performance by 5EuroUsenet is permanently impossible, 5EuroUsenet shall only be liable, as a result of an attributable failure to perform an Agreement, if Subscriber gives 5EuroUsenet immediate notice of default in writing, setting a reasonable term in which the breach can be remedied, and 5EuroUsenet still attributably fails to meet its obligations after this period. The notice of default must contain as comprehensive and detailed a description of the breach as possible, in order to ensure that 5EuroUsenet has the opportunity to respond adequately.

6. A condition for the existence of any right to compensation shall in all cases be that Subscriber notifies 5EuroUsenet in writing of the loss or damage as soon as possible after it occurs. Any claims for damages against 5EuroUsenet shall expire by the mere passage of twelve months from the moment of said loss or damage.

7. The provisions of this article and all other restrictions and exclusions of liability referred to in the General Terms and Conditions shall also apply in favor of all (legal) persons that 5EuroUsenet engages to execute the Agreement.

Article 16. Indemnity

Subscriber agrees to defend, indemnify and hold 5EuroUsenet, and its agents and licensors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

a. any (alleged) violation of the Agreement by Subscriber;

b. content or material Subscriber (allegedly) submitted or otherwise posted on the System or by using the Service; and

c. Subscriber’s (alleged) violation of any rights of another party.

Article 17. Termination and cancellation of the Agreement

1. Both parties shall only be authorized to terminate the Agreement as a result of an attributable failure to perform this agreement if the other party attributably fails to meet its fundamental obligations arising from this agreement. In all cases first a written notice of default is required providing as many details as possible and setting a reasonable term in which the breach can be remedied. Subscriber’s payment obligations and all other obligations to cooperate, to do or to refrain from, imposed on Subscriber shall in all cases be regarded as fundamental obligations arising from the Agreement.

2. If Subscriber has already received services for the purpose of executing the Agreement at the time of termination, these services and the related payment obligation cannot be revoked unless Subscriber is able to demonstrate that 5EuroUsenet is in default in respect of a substantial part of these services.

3. Subscriber is not entitled to terminate an Agreement regarding the provision of services that has been entered into for a fixed term before the end of the term, except when explicitly agreed otherwise.

4. Either of the parties shall be entitled to terminate the agreement in part or in full, with immediate effect, in writing without notice of default if the other party is granted a moratorium of payments, provisionally or otherwise, if a winding-up petition is filed in respect of the other party, if the other party’s company is wound up or terminated for reasons other than reconstruction or the merger of companies, or if there is a change in the individual or board that has decisive control over Subscriber ’s company. 5EuroUsenet shall under no circumstances be obliged to reimburse any sums of money that have already been received or to pay any compensation in the event of such termination. If Subscriber becomes bankrupt or is liquidated, the rights to any service of 5EuroUsenet shall terminate by operation of law.

Article 18. Force Majeure

1. Neither of the parties shall be obliged to meet any obligations, including (but not limited to) any guarantee obligation agreed between the parties, if it is prevented from doing so as a result of force majeure. Force majeure shall include (but is not limited to): (i) a situation of force majeure encountered by 5EuroUsenet's own suppliers, (ii) government measures, (iii) court orders or judgments, (iv) obligations or prohibitions in legislation (v) electricity failure, (vi) faults affecting the internet, servers, computer network or telecommunication facilities, (vii) war, (viii) workload, (ix) strike action, (x) general transport problems and (xi) the unavailability of one or more members of staff.

2. If a situation of force majeure lasts for longer than ninety days, either of the parties shall be entitled to terminate the Agreement in writing. The services already performed on the basis of the Agreement shall in this case be settled on a pro rata basis, and the parties shall not owe one another any other amounts.

Article 19. Assignability of Rights and Obligations

1. Subscriber is not entitled to sell and/or transfer the rights and/or obligations arising from the Agreement to any third party without the explicit written consent of 5EuroUsenet.

2. 5EuroUsenet is entitled to assign its rights to the payment of fees or any other rights or obligations arising from the Agreement to any third party.

Article 20. Applicable law and Competent Court

1. The Agreement and all other agreements or relations between 5EuroUsenet and Subscriber shall be governed exclusively by Dutch law. Possible applicability of the Convention on Contracts for the International Sale of Goods 1980 is excluded.

2. Any disputes that may arise between 5EuroUsenet and Subscriber, either as considered as a dispute by both parties or otherwise, on the basis of an Agreement concluded between the 5EuroUsenet and Subscriber or as a result of further agreements that arise from such an Agreement, shall be brought before the competent Court in Willemstad, Curaçao, or any successor.

Contact details:

In case of any questions, comments or complaints regarding the General Terms and Conditions, please contact us by letter or e-mail here.